Clark Was at Computerheaven Ltd

question 30

Multiple Choice

Clark was at Computerheaven Ltd.and asked for a box of the highest grade computer paper.Don,the employee,went to the back to get it,but he didn't know which was the best grade paper of the five choices available.He took out a box of paper called "superstuff" and told Clark that was the highest grade paper,even though he wasn't sure it was.Clark bought it.On the way out,Clark,a successful freelance computer programmer for the last five years,asked Don some questions about a new laser printer on display.Don started giving Clark his sales pitch,and Clark said with a smile,"I don't think you know what you're talking about." Don flushed and yelled,"You go to hell! You call yourself a programmer and you don't know anything about programming.You're a first class fraud!" A client of Clark's overheard this conversation.Clark called Don a "jerk" and left to go.As he was walking out the door,Don threw a hard disk at him and hit Clark in the back of the head.Considering the legal meaning of the following,indicate which of the following would be successful given these facts.

• A) an action against Computerheaven Ltd. for the tort of defamation
• B) an action against Clark for the tort of negligence
• C) an action for the tort of nuisance
• D) an action against Computerheaven Ltd. for the tort of battery
• E) an action against Computerheaven Ltd. for the tort of trespass

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Definitions:

Protective Covenants

Clauses in a loan agreement that limit certain actions of the borrower to protect the lender, ensuring the borrower's ability to repay the debt.

Indenture

Written agreement between the corporation and the lender detailing the terms of the debt issue.

Loan Term

The duration of time over which a loan agreement is in effect, dictating the repayment schedule.

Floating-Rate Bond

A bond whose interest payments fluctuate with the market interest rates, rather than being fixed.